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HomeMy WebLinkAboutContract 29234 10-31-03P03 :50 RCVD STATE OF TEXAS § CITY SECRETAR`Y q COUNTIES OF TARR.ANT, DENTON § CONTRACT NO. r� AND WISE In consideration of the mutual covenants, promises and agreements contained herein, this agreement is made and entered into between the City of Fort Worth, a home rule municipal corporation of the State of Texas, located within Tarrant and Denton Counties, Texas (hereinafter referred to as "City,") acting by and through Joe Paniagua, its duly authorized Assistant City Manager, and the Fort Worth Independent School District, a political subdivision of the State of Texas located in Tarrant County and a legally constituted Independent School District (hereinafter referred to as "District,") acting by and through Dr. Thomas Tocco, its duly authorized Superintendent. RECITALS This Agreement is made under the authority granted to the City and the District pursuant to the Texas Government Code, Chapter 791, known as the INTERLOCAL COOPERATION ACT. WHEREAS, the citizens of Fort Worth and the City Council of Fort Worth have determined that the security of students is paramount; and WHEREAS, the City of Fort Worth has received funds through the Fort Worth Crime Control and Prevention District; and WHEREAS, the Fort Worth Independent School District proposes to provide a School Security Initiative in conjunction with the Fort Worth Police Department; NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: AGREEMENT 1. District covenants and agrees to fully cooperate with the City of Fort Worth in the implementation of this project and both parties agree that during the term of this contract there shall be 40 police officers, 1 corporal, 3 sergeants and 1 lieutenant participating in the School Security Initiative which shall be commanded by the police lieutenant. District agrees to share 50% of all personnel costs incurred by the City in this project, including Base Pay, Salary Increases, Overtime, Longevity Pay, Incentive Pay, Acting Officer Pay, Bilingual Pay, FLSA, Court Attendance Costs, Medicare, Workers Compensation Insurance, Group Health Insurance, and Retirement. ILI 2. It is understood and agreed that District shall remit funds to the City in a timely manner following receipt of an official invoice. Invoices shall be provided on a quarterly basis. For fiscal year 2003-2004 it is anticipated that reimbursement under this contract shall not exceed $1,800,000, and shall be based upon actual expenditures made for officers assigned to the School Security Initiative program. 3. The term of this agreement is for a period beginning on October 1, 2003, and ending on September 30, 2004. 4. It is expressly understood and agreed by and between the parties hereto that this agreement is wholly conditioned upon the actual receipt by City of funds from the Fort Worth Crime Control and Prevention District and that if such funds from the Fort Worth Crime Control and Prevention District are not timely forthcoming, in whole or in part, City may, at its sole discretion, tenninate this contract and agreement. 5. This agreement may be terminated by either party hereto, in whole or in part, at any time and for any reason,upon written notice to the other party. Such written notice shall specify to what extent the work under the agreement is being terminated and the effective date of the termination. Within thirty (30) days after the effective date of such termination, City shall forward to District a final invoice for reimbursement to the City for personnel expenditures and District shall remit payment in full within sixty(60) days after the date of such invoice. 6. District and City covenant and agree that in the event either party fails to comply with, or breaches, any of the terns and provisions of this agreement, each party shall provide written notice to the other as soon as reasonably possible after the non-breaching party becomes aware of the failure to comply or breach of contract. In the event that the breaching party fails to cure or correct such breaches within a reasonable time following the receipt of notice, such reasonable time not to exceed 15 days, the non-breaching party shall have the right to declare this agreement immediately terminated, and neither party shall have further responsibility or liability hereunder. 7. -2- District covenants and agrees to fully cooperate with City in monitoring the effectiveness of the services and work to be perfonmed with the District under this agreement, and City shall have access at all reasonable hours to offices and records of the District, its officers, members, agents, employees, and subcontractors for the purpose of such monitoring, such access being subject to the limitations and requirements under the Texas Public Information Act and the Family Educational Rights and Privacy Act (FERPA). 8. District shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City. District shall be solely responsible for the acts and omissions of its officers, members, agents, servants, and employees. Neither City nor District shall be responsible under the Doctrine of Respondeat Superior for the acts and omissions of its officers, members, agents, servants, employees, or officers of the other. 9. City agrees that police officers shall be assigned by and responsible to the Fort Worth Police Department,but shall work directly with the school principals of the District to which they are assigned. Officers shall be assigned to the school district and assignments to a particular school shall be made by the commander of the School Security Initiative in conjunction with District personnel. Such officers shall have the school security initiative as their primary duty, and will not regularly be assigned additional police duties. The City reserves the right, however, to reassign those officers temporarily in the event of an emergency or when other circumstances require an enhanced police presence elsewhere in the city and school is not in session. City shall provide all law enforcement training and certification, vehicles and police equipment, benefits, and insurance (including liability coverage)provided to all police officers employed by City. District shall provide any radio equipment necessary to allow the assigned officers to communicate with school staff. City shall coordinate assignment and duty hours with District. If necessary to handle unplanned absences at schools, officers from units other than the School Security Initiative may be temporarily assigned to provide coverage. The Fort Worth Police Department shall maintain emergency response plans for every school within their jurisdiction. These plans shall be kept confidential within the Department for security purposes but meetings shall be held with authorized representatives of the school districts to provide relevant information and excerpts from the plan necessary for implementation. The Chief of Police shall designate a commander to be responsible for maintenance and dissemination of these plans. -3- 10. City shall in no way nor under any circumstances be responsible for any property belonging to District, its officers,members, agents, employees, subcontractors, program participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged. City agrees to waive, release, indemnify, and hold harmless the District from any and all claims, damages, injuries, causes of action, or lawsuits arising out of the acts or omissions of the assigned officers. 11. City and District covenants that neither it nor any of its officers,members, agents, employees,program participants, or subcontractors, while engaged in performing this contract shall in connection with the employment, advancement, or discharge of employees, or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age, except on the basis of a bona fide occupational qualification, retirement plan, or statutory requirement. 12. City and District, in the execution,performance or attempted performance of this contract and agreement,will not discriminate against any person or persons because of sex, race,religion, color or national origin, nor will Contractor pen-nit its agents, employees, subcontractors or program participants to engage in such discrimination. 13. The provisions of this agreement are severable and if for any reason a clause, sentence, paragraph or other part of this agreement shall be determined to be invalid by a court or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. 14. The failure of City or District to insist upon the performance of any term or provision of this agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquislunent to any extent of City's or District's right to assert or rely upon any such term or right on any future occasion. 15. Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance or non-performance of this contract and agreement, venue for said action shall lie in Tarrant County, Texas. -4- 16. The governing bodies of City and District have approved the execution of this agreement, and the persons signing the agreement have been duly authorized by the governing bodies of the City and District to sign this agreement on behalf of the governing bodies. 17. This written instrument constitutes the entire agreement by the parties hereto concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. -5- IN WITNESS WHEREOF, the parties hereto have ex`e�uted this agreement in multiples in Fort Worth, Tarrant County, Texas, this r day of y'Ua-U ,A.D. 2003. ATTEST: CITY OF FORT ORT By: ity Secre ry Joe P i Assi Mana r APPROVED AS TO FORM AND LEGALITY: By: Ass" taut City Attorney, for FWISD Attorney David Yett, City Attorney Date: Date: 4jk'-2-7 �03 ATTEST: FORT WORTH INDEPENDENT SCHOOL DISTRICT C _ By. _ Dr. Tho as Tocco Superintendent Contract Authorization � . Date STATE OF TEXAS § COUNTIES OF TARRANT § AND DENTON BEFORE ME,the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Joe Paniagua, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that she executed the same as the act of said City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE thisl day of ) 2003. ROS LLA NOTA BARNES RY PUBLIC ti M i state of Texas ''Comm.Exp.03-31-2005 Notary Public in and for the State of Texas City of Fort Worth, Texas "Ayor O"d cou"Cil commu"icatio" DATE REFERENCE NUMBER LOG NAME PAGE 9/23/03 C-19768 35SECURITY 1 1 of I SUBJECT SCHOOL SECURITY INITIATIVE CONTRACTS FOR FY2003-2004 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute contracts with the Fort Worth, Keller, Crowley, Eagle Mountain/Saginaw, Northwest, and Everman Independent School Districts to operate the School Security Initiative. DISCUSSION: The Fort Worth Crime Control and Prevention District budget for FY2003-2004 includes funds for the School Security Initiative. Under the program, all operational and equipment funds and one-half of all personnel costs are provided by the Fort Worth Crime Control and Prevention District. The remaining half of personnel costs will be paid by the respective school districts. During the terms of these contracts (October 1, 2003, through September 30, 2004), the Keller Independent School District will have four officers; Everman, Eagle Mountain/Saginaw, and Northwest Independent School Districts will each have one officer; Crowley Independent School District will have two officers; and the Fort Worth Independent School District will have 40 officers, one Corporal, three Sergeants, and one Lieutenant. This is an increase of one officer for the Keller Independent School District. Payments from the schools for 50% of the actual personnel costs shall be rendered on a quarterly basis. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the Police Department will be responsible for the collection of revenues due to the City under these agreements. JP:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) GR79 451663 0351000 $1,971,043.00 Joe Paniagua 6140 Originating Department Head: Ralph Mendoza 48386 (from) APPROVED 09/23/03 Additional Information Contact: Ralph Mendoza 48386